NASHVILLE, Tenn. (WTVF) — Advocates in Tennessee are pushing for a simple change to gun-dispossession forms to hold domestic abusers and designated third parties accountable for surrendering firearms.
Under Tennessee law, individuals accused of domestic abuse who have a protective order filed against them are prohibited from possessing firearms. They are required to dispossess all guns within two days.
However, current rules do not require offenders to name who is keeping the guns or where they are stored. Advocates argue this loophole often allows firearms to end up back in the hands of an abuser, as seen in the case of Nashville resident Marie Varsos.
"When he first assaulted her, and assaulted her with a deadly weapon, those charges were pressed, and when he was arraigned, he had to fill out the form," said Christina Judeich, a friend of Marie Varsos. "We are asking the guilty party to be forthright and on an honor system, to dispossess their firearms, and, you know, to do their own due diligence. Which I think is kind of insane."
The Tennessee Domestic Violence Council is now urging judges to require that gun-dispossession forms list exactly who is responsible for the relinquished weapons.
"There are judges that have said people ask them, 'Well, does this mean I cannot go hunting in the fall?' Well, yes, that's what it means," advocate Gail Witherspoon said.
Wilson County Judge Ensley Hagan already requires this additional information. He made the change after learning the father of the Waffle House shooter, Travis Reinking, had returned firearms to his son. In the 2018 Waffle House shooting, Joe Perez Jr., Taurean Sanderlin, Akilah Dasilva, and DeEbony Groves were shot and killed by Reinking, although he was not legally allowed to possess firearms.
"We found out his father had given him back guns that he was dispossessed of in Michigan," Judge Ensley Hagan said. "It's good, responsible practice to demonstrate to that third party who is taking control of those weapons the importance of this, and to convey to them, this is important, and making sure they understand their role as that third party is to keep the firearms, and keep them away the individual who has had the order of protection granted against them."
Twelve counties, including Wilson and Davidson counties, have updated their forms to include these details, largely due to advocates pushing for the change.
"We're seventh in the nation for overall gun violence, death, and injury, and we know that there are women living with intimate partners who still have firearms because our law does not provide the kind of enforcement we need," said Linda McFayden-Ketchum. "This form change would just start the process. It would give the court more power to hopefully impress upon the respondents to dispossess, and do it right."
While lawmakers could mandate the courts to update the form statewide, previous attempts have failed. Legislation related to firearms typically faces strong debate in Tennessee.
Are there other changes you think could better protect domestic violence survivors? Email me at hannah.mcdonald@newschannel5.com
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